§Why CasetextPricing

Youssef v. Holder

Memorandum in opposition to re MOTION for Judgment on the Pleadings or, Alternatively, for Summary Judgment

36 Cited authorities

  1. Celotex Corp. v. Catrett

    477 U.S. 317 (1986)   Cited 215,861 times   40 Legal Analyses
    Holding that a movant's summary judgment motion should be granted "against a [nonmovant] who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial"

  2. Nat'l R.R. Passenger Corp. v. Morgan

    536 U.S. 101 (2002)   Cited 10,236 times   31 Legal Analyses
    Holding limitations period for hostile-work-environment claim runs from the last act composing the claim

  3. Hishon v. King Spalding

    467 U.S. 69 (1984)   Cited 12,417 times   7 Legal Analyses
    Holding Title VII applies to selection for non-employee positions if consideration for that position can be regarded as one of "terms, conditions, or privileges of employment" of a covered job

  4. Hunt v. Cromartie

    526 U.S. 541 (1999)   Cited 2,864 times   1 Legal Analyses
    Holding that the court must resolve all reasonable inferences and doubts in the nonmoving party's favor and construe all evidence in the light most favorable to the nonmoving party

  5. Kowal v. MCI Communications Corp.

    16 F.3d 1271 (D.C. Cir. 1994)   Cited 1,791 times   1 Legal Analyses
    Holding that statements of optimism give rise to a strong inference of scienter if they lacked a reasonable basis when made

  6. Sanchez v. Standard Brands, Inc.

    431 F.2d 455 (5th Cir. 1970)   Cited 1,378 times
    Holding that "the crucial element of a charge of discrimination is the factual statement contained therein. Everything else entered on the form is, in essence, a mere amplification of the factual allegations."

  7. Park v. Howard Univ.

    71 F.3d 904 (D.C. Cir. 1995)   Cited 524 times
    Holding that the contents of a similar, unsworn intake questionnaire did not form part of the administrative charge for exhaustion purposes

  8. Kuo-Yun Tao v. Freeh

    27 F.3d 635 (D.C. Cir. 1994)   Cited 497 times
    Holding that "the First Amendment protects government employees from even an act as trivial as failing to hold a birthday party for a public employee . . . when intended to punish her for exercising her free speech rights"

  9. Barr v. Clinton

    370 F.3d 1196 (D.C. Cir. 2004)   Cited 234 times
    Reviewing dismissal under Rules 12(b) and 12(b) de novo

  10. Brown v. Marsh

    777 F.2d 8 (D.C. Cir. 1985)   Cited 282 times
    Holding that the suit was not subject to dismissal for failure to exhaust administrative remedies because "the defendant failed to allege facts" indicating the plaintiff's failure to exhaust

  11. Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing

    Fed. R. Civ. P. 12   Cited 344,310 times   920 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  12. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 327,941 times   158 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

  13. Section 2000e-2 - Unlawful employment practices

    42 U.S.C. § 2000e-2   Cited 28,179 times   163 Legal Analyses
    Adopting case law prior to June 4, 1989, “with respect to the concept of ‘alternative employment practice’ ”

  14. Section 3, 4 - Repealed

    42 U.S.C. § 3, 4   Cited 163 times

    42 U.S.C. § 3, 4 July 1, 1944, ch. 373, title XIII, §1313, 58 Stat. 714 Section 3, acts July 1, 1902, ch. 1370, §9, 32 Stat. 714; Aug. 14, 1912, ch. 288, §1, 37 Stat. 309, provided for rules and regulations of service by the President. See section 216 of this title. Section 4, R.S. §4802; acts July 1, 1902, ch. 1370, §9, 32 Stat. 714; Aug. 14, 1912, ch. 288, §1, 37 Stat. 309, provided for an annual report by Surgeon General to Federal Security Administrator. See section 229 of this title. STATUTORY

  15. Section 16 - Omitted

    42 U.S.C. § 16   Cited 16 times

    42 U.S.C. § 16 EDITORIAL NOTES CODIFICATIONSection, which was from the Interior Department Appropriation Act, 1950, act Oct. 12, 1949, ch. 680, title I, 63 Stat. 791, was not repeated in the General Appropriation Act, 1951, act Sept. 6, 1950, ch. 896, 64 Stat. 595. It related to detail of Public Health medical officers to the Bureau of Mines. For provisions for details to executive departments, see section 215 of this title.Similar provisions were contained in the following prior acts:June 29, 1948

  16. Section 1614.106 - Individual complaints

    29 C.F.R. § 1614.106   Cited 637 times   2 Legal Analyses
    Requiring administrative complaints to be filed with the complainant's agency